Occupational Exposure: Your Legal Rights When Work Is (Literally) Toxic

A toxic work environment doesn’t just mean a nasty workplace culture, it can also mean your workplace is literally toxic, poisonous, or infectious.

If you or a loved one is exposed to harmful substances or chemicals while on the job, the injuries that result could be costly, painful, and devastating. When is it necessary to hire a lawyer after a workplace accident? Do you need an attorney if you already have worker’s compensation? We here at Smith Law Center have years of experience advocating for unjustly injured individuals, and have compiled this primer on occupational exposure and your legal options after a negligent workplace leak, spill, or contamination.

What Is Occupational Exposure? Definition and Real-World Examples

The Occupational Safety and Health Administration (OSHA) defines occupational exposure as “reasonably anticipated contact” with potentially infectious materials such as blood or harmful chemicals. However, just because your job requires interaction with dangerous substances doesn’t mean you shouldn’t be protected from workplace injury.

Here are examples of workers whose jobs entail occupational exposure, and the proper protections those workplaces should provide:

Workers With Occupational Exposure to Bloodborne Pathogens

OHSA describes bloodborne pathogens as infectious microorganisms carried in human blood that can cause disease in humans. This includes viruses like HIV and various hepatitises, as well as bacteria such as Staphylococcus aureus (MRSA). These types of pathogens can cause illness, organ damage, and even death if left untreated, and there are workers who may be exposed to them regularly.

Workers With Occupational Exposure to Harmful Chemicals

Those who work with raw chemicals or with materials that produce harmful chemicals when handled or modified often require unique protections on the job.

This is only a brief list highlighting different industry workers who regularly deal with hazardous materials of organic and inorganic varieties. Ask yourself if you’ve been provided the appropriate protective gear relevant to your position. If not, you may want to contact a law firm that represents occupational exposure cases, for professional advice on how to demand your rightful protections.

It’s also possible that you are already experiencing the symptoms of workplace exposure. The following section outlines those warning signs.

Symptoms of Occupational Exposure

You may have heard the phrase, “It’s a dirty job, but somebody’s got to do it.” It’s true that many jobs which require certain levels of occupational exposure are essential. If you or a loved one are employed in such a capacity, how can you tell if you’ve been injured by harmful substances at work?

The following are common symptoms that may indicate chemical toxicity, bloodborne pathogen infection, or poisoning:

• Respiratory inflammation: If your nose, throat, or lungs are irritated or inflamed, you may notice by persistent coughing, sneezing, labored breathing, or a tightness in your chest.
• Stomach/gut pain: Unusual gastrointestinal discomfort or pain—including nausea, vomiting, an unexplained feeling of fullness, diarrhea, or constipation—could mean you are sick. Likewise, anemia of the blood could be a sign of digestive malabsorption, the underlying cause of which could lead back to occupational exposure.
• Kidney damage: Kidney or renal damage may manifest as back pain, frequent urination, or changes in the color of urine.
• Liver malfunction: Signs of liver damage (aka hepatological damage) share some similarities with kidney damage symptoms, as they are your principal detox organs. Thus, if you experience changes to urination or unexplained abdominal pain, seek medical help to identify which organ is in distress. Other liver-specific symptoms may include a yellowing of the eyes or skin (jaundice), itchy skin, lower leg swelling, nausea/vomiting, or chronic fatigue.
• Skin rashes: Dermatological reactions like rashes, redness, swelling, itchiness, hives, or eye irritation could be signs of toxic exposure.
• Reproductive irregularity: Issues with infertility or miscarriage could arise from workplace exposure to harmful substances.
• Brain injury: Headaches, confusion, dizziness, twitching, convulsions, or (in extreme cases) coma could be symptoms of neurological interference caused by poisoning. Smith Law Center has extensive experience supporting our clients in brain injury cases.

Worryingly, each of the above symptoms could be explained by something more common than toxic exposure or infection. This is why it’s important to listen to your body, know what is normal vs. abnormal regarding your health, and if these types of symptoms persist, it’s vital that you seek professional medical help.

Confirmation of the underlying cause matters. If the doctor tells you that you ate a bad clam or you have a normal springtime allergy, you’ll have peace of mind. However, if the root of the issue is poisoning from a workplace exposure, here’s why early detection is critical.

An early occupational exposure-related medical diagnosis may:

• save your life
• prevent permanent or long-lasting damage
• document the incident for future proof

Your life and health are irreplaceable, and they are the priorities. However, the paperwork surrounding a diagnosis may also be essential for getting compensation for your medical treatment, and for getting your workplace safe once more so that you, your coworkers, and potentially your surrounding community are protected from poisoning. Ensuring your personal safety could also quickly improve the wellbeing of so many others.